Terms of Use for Riverbed Customer Support Web Site
Revised and Effective: May 8, 2019
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. By using Riverbed Technology, Inc.'s ("Riverbed") Customer Support Website (the “Support Website”) (including, without limitation, any associated community forums), you agree to be bound by the following terms and conditions, Riverbed’s Website Terms of Use, and all other policies or notices posted by Riverbed. Riverbed reserves the right to modify these terms and conditions from time to time without notice. Please review these terms and conditions from time to time so that you will be apprised of any changes.
Access to Password Protected/Secure Areas. Access to the Support Website is permitted only as specifically authorized by Riverbed solely in connection with support and maintenance of Riverbed products and services. Any user ID and/or passwords provided to you for access to the Support Website may be used only by you, and may not, under any circumstances, be distributed or transferred to any other person or entity. Unauthorized individuals attempting to access these areas of the Support Website may be subject to prosecution. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You agree to notify Riverbed immediately of any unauthorized use of your account or any other breach of security. Riverbed will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Riverbed or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
General Use of Support Website. Riverbed reserves the right to make changes to the Support Website at any time and your continued use of the Support Website constitutes your acceptance to any and all such changes. If you do not agree with any of these terms, please do not use this Support Website.
Riverbed or other third parties granting rights to Riverbed hold all right, title, and interest in and to the materials on the Support Website, which are the copyrighted work of Riverbed or such third parties. Riverbed grants you a limited, personal, non-exclusive and non-transferable license to use and display the materials only on your personal computer only for purposes associated with your interaction with the Support Website. Except as stated herein, you have no right to copy, download, display, perform, reproduce, distribute, modify, edit, alter or enhance any of the materials in any manner. This limited license terminates automatically, without notice to you, if you breach any of these terms. You have no right, title or interest (and no copyright, trademark or other intellectual property right) in or to the Support Website or any materials and you agree not to "frame" or "mirror" the Support Website, any material contained on or accessible from this Support Website on any other server or Internet-based device without the express written authorization of Riverbed. Riverbed may terminate your right to access the Support Website at any time.
Confidentiality. You may obtain through your use of the Support Website certain Riverbed confidential information and/or confidential information of Riverbed suppliers, including without limitation technical, contractual, product, program, pricing, marketing and other Riverbed information that should reasonably be understood as confidential ("Confidential Information"). You agree (i) to hold the Confidential Information in strict confidence and to take reasonable precautions to protect such Confidential Information; (ii) not to divulge any such Confidential Information or any information derived there from to any third person; (iii) not to make any use whatsoever at any time of such Confidential Information except in accordance with the terms hereof; and (iv) not to copy or reverse engineer any such Confidential Information. Without granting any right, title or license, the foregoing shall not apply with respect to information that you can document (i) is or becomes (through no improper action or inaction by the you) generally available to the public, or (ii) was in your possession or known by you without restriction prior to receipt of Confidential Information, or (iii) was rightfully disclosed to you by a third party without restriction, or (iv) was independently developed by you without use of any Confidential Information or (v) is in response to a valid order by a court or other governmental body, as otherwise required by law, or as necessary to establish the rights of either party under these terms; provided that prior notice is given to Riverbed of any such disclosure to afford Riverbed the opportunity to object to the disclosure. Upon termination of your use of the Support Website or termination by Riverbed of your use of the Support Website, you agree to cease use of Confidential Information and return or destroy it.
Software License Agreement. Use of the Software made available on the Support Website is governed by the terms located at http://www.riverbed.com/license, or if you have executed a separate license agreement directly with Riverbed, the Software will be governed by the terms of that license agreement ("License Agreement"). The Software is made available for download solely in accordance with the License Agreement and only on Riverbed products that are covered by a then current and valid maintenance and support contract covering that product.
If you are with a United States Governmental Agency, use, duplication, reproduction, release, modification, disclosure or transfer of the Software and Product is subject to the restrictions set forth in DFARS 252.227-7015 and FAR 52.227-19. The Product and Software are each a "commercial item," "commercial computer software" and "commercial computer software documentation."
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, RIVERBED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
FOR YOUR CONVENIENCE, RIVERBED MAY MAKE AVAILABLE TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD OF THE SOFTWARE. RIVERBED DOES NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THE SUPPORT WEBSITE OR IN RIVERBED SOFTWARE PRODUCTS.
Documents and other Information Available on the Support Website. Permission to use Documents (such as white papers, press releases, datasheets and FAQs) from the Support Website is granted, provided that (1) you do not remove or block any copyright or other notices on such Documents, (2) use of such Documents is for informational and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in any media, and (3) no modifications of any Documents are made.
RIVERBED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED AS PART OF THE SUPPORT WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. RIVERBED HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL RIVERBED BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF INFORMATION AVAILABLE FROM THE SUPPORT WEBSITE.
THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THE SUPPORT WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. RIVERBED MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE SOFTWARE DESCRIBED HEREIN AT ANY TIME.
Compliance with Applicable Laws and Export Control Laws. All information available on this Support Website is subject to U.S. and E.U. export control laws and may also be subject to the laws of the country where you reside, and you agree to comply with all such laws. By downloading any Software, you agree to the foregoing and represent and warrant that you are not located in, under the control of, or a national or resident of, any restricted country.
Collection and Use of Information Obtained through Customer Support Website and Other Specific Riverbed Programs. As part of the registration process to gain access to the Support Website, you are required to provide certain personal information, including, but not limited to, your name, company name, email address, title, location, and phone number. Riverbed may use the information collected to contact you if Riverbed needs to obtain or provide additional information; and to verify the accuracy of Riverbed’s records.
Access to certain areas of Riverbed’s Support Website(s) or pages require a log in and a password and may further require the creation of a personal account, which requires the provision of your name, address, e-mail and phone number, as well as whether you are associated with a reseller or end user (and if an end user, the products used). The information obtained in connection with the use of the Website may be used by Riverbed to identify end users of Riverbed products and to verify products (including models and serial numbers) with those end users; communicate with you regarding the provision of Product support; verify compliance with the end user agreement; issue license keys; track software downloaded from the Support Website or to track usage of other applications available on the Support Website.